Copyright infringement is a widespread phenomenon that produces massive financial losses to stakeholders. Based on an extensive examination of damage awards in copyright infringement cases from the United States, Canada, Singapore, and Italy, this article proposes a comprehensive cross-jurisdictional analysis. The analysis regards types, factors, methodologies, and arguments. This article's findings can be used to adjust the provisions regarding damage awards, to improve the litigation of such cases, to elaborate educational materials, for professional programs or law school clinics, and to develop better prevention policies. The proposed improvements could lead to a more unified approach to damage awards, increase the litigation transparency and the outcome predictability, and better commensurate the award with the infringement. While this article considered only four jurisdictions, the findings can be of significant interest to a global context.
Ioana Vasiu & Lucian Vasiu,
Cross-Jurisdictional Analysis of Damage Awards in Copyright Infringement Cases,
J. Intell. Prop. L.
Available at: https://digitalcommons.law.uga.edu/jipl/vol28/iss1/4